AGENCY BY RATIFICATION Meaning and
Definition
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Agency by ratification refers to a legal doctrine that allows an individual (the principal) to retroactively accept and be bound by the actions of another person (the agent) who acted on their behalf without prior authorization. This principle is based on the belief that a person should be able to ratify an action taken in their name as long as they were aware of the details and consequences involved.
For agency by ratification to occur, certain conditions must be met. Firstly, the agent must have acted on behalf of the principal, assuming they were acting as the principal's agent and adhering to their best interests. The principal must also have knowledge of the agent's actions and the ability to ratify or reject them. It is important to note that the principal cannot ratify an action if they were not aware of it.
Once the principal becomes aware of the agent's actions, they have the option to either approve or disapprove of them. If they choose to ratify the action, they essentially adopt it, making it legally binding as if they had originally authorized it. The principal becomes liable for any legal obligations, benefits, or consequences arising from the ratified action.
Agency by ratification serves as a key legal principle in establishing the authority and responsibilities between parties in cases where an agent has acted without prior authorization. It allows for flexibility and fairness in situations where an agent may have made decisions on behalf of the principal in good faith but lacked explicit consent.
